Deputy Pubs Code Adjudicator

Pubs play an important part in UK economy from the centre of London to countryside villages and there are currently around 11,500 tied pub tenants in the UK. The Government is committed to improving transparency and fair treatment in the relationship between these tied pub tenants and the large pub-owning business who manage 500 or more tied pubs.

This is why the statutory Pubs Code, which came into force on 21 July 2016, was set up to regulate the relationship between the pub-owning companies which rent the pubs and see goods to their tied tenants. However, the Code does not govern the relationship with their managed houses or free-of-tie pub tenants.

The Code also provides the thousands of tenants who run tied pubs in England and Wales with the right to request a rent review if they have not had one for five years.

The responsibilities of the Deputy Pubs Code Adjudicator

Since being set up the Pubs Code Adjudicator (PCA) has experienced an extremely high workload, and a high number of disputes that have been brought for arbitration.  Due to the high workload involved in investigating and resolving these cases, the Secretary of State is appointing a Deputy Adjudicator.  The high number of cases demonstrates the importance and need of the PCA and the value of having a statutory arbitrator in the sector. 

The Deputy Adjudicator will:

• Arbitrate disputes between a tied tenant and a pub-owning company about the Pubs Code and award redress if a breach is proven, including arbitration of rent disputes, which may require the setting of a new rent;
• Investigate suspected systemic abuses of the Code and consider which, if any, enforcement measures should be taken;
• Consult and issue guidance on the investigation function, including the criteria that the Adjudicator intends to adopt in deciding whether to carry out investigations and whether to use the enforcement powers;
• Recommend to the Secretary of State the amount of the levy each year on pub-owning companies; and
• Prepare and publish an annual report of the Adjudicator’s activities and prepare an annual statement of accounts for audit by the Comptroller and Auditor General; both will be laid before Parliament by the Secretary of State.

The Deputy PCA will be appointed for a single term of 2 years.